Government Financial Management (Livestock Restocking and Enterprises Development Fund) Regulations (L.N. No. 58 of 2009)

Kenya Gazette SupeJemem No. 30 213 (Legislative Supplement No. 20) LEGAL NOTICE No. 58 THE GOVERNMENT F'lNANCIAL MANAGEMENT ACT (No.5 0/2004) IN EXERCISE of the DOwers conferred hy .Qecfion 26 of the Government Financial Management Act. the Minister for Finance makes thefollowing Regulanons.-« THE GOVERNMENT FINANCIAL MANAGEMENT (THE LlVESTOCK RESTOCKING AND ENTERPRlSES DEVELOPMENT FUND) REGULATIONS, 2009 . I. These ReguJations may he cited as the GovernmentFinancial Cibttiort Management (Livestock Restocking and Enterprises Development FUM) Regulations, 2009. 2. In these regulations. unless thecontext otherwise requires- lme1pll:lM\)D. "Board" means the Supervisory Board Constituted under regulation 6; "Enterprise" means business ventures dealing in production, processing and marketing of livestockand livestock products; "financial year" means the period of twelve months ending on the 30th of June in each year; "Fund" means the Livestock restocking and Enterprises Development Fund established under regulation 3; "Minister" means the Minister tor the time betRg responSible ror livestock development; "officer administering the Fund" meansthe Permanent Secretary of the MinistrY for the time being responsible for livestock development: "pastoral and agro-pastoral communities" means communities residingin the Arid and Semi-Arid Lands of Kenya whose main source of livelihood i~ livestllde rearing: "Restocking" means restoring livestock ownership where they have been lostthroughdisaster. 3. (1) There is established a Fund to be known as the Livestock Restocking and Enterprises Development Fund. (2)The fund shallconsisto£ (a) monies appropriated by parliament; 2J4 Kenya Subsidiary Legislation. 2009 (b) grantsand donations; (c) income generated from the proceeds of the Fund. 4. The object and purposeof the Fundis to provide (0) grants to livestock producers for emergency interventions; (b) loans 10 IIvesrock producers and pastorausts fur resusckhig after lossesoccasioned by calamities; (c) loans to Medium and Small Enterprises dealing in livestock and livestock products; and (d) credit facilities for livestock related micro-enterprises in pastoral andagro-pastoral areas. 5. The initial capital of the Fund shall be two hundred miIJion shillings apprcprtated by Parllamenr and addUioRaJ conlTltmUons shall beon the basis of approved estimates. 6. There is established a Board to be known as the Supervisory Boardwhich shall consist ()f (a) a chairman who shall be the Permanent Secretary of the Ministry for the time being responsible for Livestock Development; (b) IhIC: Permanent Se~n::UU)' uf the Minblry fur the time being responsible for finance; (c) !he Permanent Secretary of the Ministry for the time being responsible for Provincial Administration and Internal ~urity~ (d') the Permanent Secretary of the Ministry for the time being responsible for Agriculture; (e) the:Dtrector Qf V Cf«iRaJ)' SQYH:C3< 7. The Board shall (a) through selection procedure. appoint Credit and Loans; Implemenline Agencie!l. under the FUM, fmm a network of qualifying institutions. thereafter referred to as financial intermediaries; (b) determine how much money is 10 be given out to each financial intermediary to be used as the basic credit or loan fund and the amountof agency fee to be paid to the financial intermediary; (c) manage the Fund and advise the Minister generaily on the opereuou Q( the Fund. 8. (1) The expenditure incurredon the Fund shall be on the basis of. and limited to, annual work programmes and cost estimates which shall be prepared by the officer administering the Fund, and approved by the Board, at tile beginning of Ute tinancJaJ year [0 whlcb they relate. UHURU KENYAITA, Deputy Prime Minister and Minis~rfor Finance, Kenya SubJidiary Legislation, 2009 (2) Any revision of the aPflmved annual wmk programmes. and of any cost estimates,shall be referred to the Boardfor approval. 9. All receipts. earnings andaccruals to the Fund. and the balance of the Fund at the close of each financial year shall be retained by the Fundfor the purpose for which it isestablished, 10. (I) Existing Government financial and procurement regulations and procedures shall apply in the administration of the Fund. J l. The officer administering the Fundshall (a) supervise and control the administration of the Fund; (h) cousuit with the Supenisury Boanl on rnauers relating to me administration of the Fund; (c) cause to be kept books of accounts and other books and records in relation to the Fund of all activities and undertakings tmanced from the f-und: (d) prepare, sign and transmit to the Controller and Auditor­ General, in respect of each financial year and within three months after the end thereof, a statementof accoents relating to the Fund. The statement shall be prepared in such a manner as the Treasuryshall prescribe; (e) furnish such additional information as he may deem to be (lrfl{W'f llnd sufficient for the purpose of examination and audit by the Controller and Auditor-General in accordance with the provisionsof the Public AuditAct 12. tn the event of winding up the Fund. the cash balances shall be tnumfem:>d to the Exchequer while other~ of I:Iw Fund shall be transferred to the Ministry for the time being responsiblefor livestock development Made on the 18thMay, 2009. 215 AppIicaIioo d lbe fjllaJlcial and proa!tMllfU ""6"huicn<. 1'10.12 of2003.